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4B – Daily News – Wednesday, January 9, 2011 LEGAL NOTICE ORDINANCE NO. 1008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RED BLUFF MODIFYING RED BLUFF CITY CODE CHAPTER 5 BUILDING CODE WHEREAS upon review by the City Attorney, Building Official/Director and City staff there have been noted outdated terms and standards that need to be revised. NOW, THEREFORE, the City Council of the City of Red Bluff does ordain as follows: Chapter 5 - Building Code shall be amended so that all references to the title “Building Official” shall be replaced with the title of “Building Director/Official”. DIVISION 1: INTRODUCTION § 5.2 OTHER REGULATIONS IN THIS CODE shall be amended to read as follows: Additional regulations governing the development and use of private property are set forth in Chapters 7 (Design Review), 10 (Condominium Conversion), 15 (Nuisances Defined), 18 (Sewers), 18A (Solid Waste Disposal), 19 (Streets and Sidewalks), 20 (Subdivisions), 20A (Vesting Tentative Maps), 21 (Taxation), 23 (Travel Trailers and Mobile Homes), 25 (Zoning) and 26 (Flood Damage Prevention) of this code of ordinances. (`61 Code, § 5.2) (Ord. 907, passed 12-21-1999) ARTICLE II: CODE ADOPTION shall be amended to read as follows: Section 5.20 (A) 5.20 (B) 5.20 (C) California Code of Regulations 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 Mechanical Code Electrical Code Plumbing Code Uniform Sign Code Building Code Residential Code § 5.51 AMENDMENT TO THE BUILDING CODE is amended to read as follows: The 2010 California Building Code adopted in Article II of this chapter is amended as follows: (A) 2010 California Building Code Volume 2, Appendix Chapter 33, Section 3306.2 (Exempted Work) is amended by deleting exceptions No. 8 (excavations) and 9 (fills). The Building Director/Official may approve minor cuts and fills without a permit if the work is performed in a manner consistent with local policies and standards. (B) 2010 California Building Code Volume 2, Appendix Chapter 33, Section 3315.4 is amended by deleting the exception allowing a 1% gradient. (C) 2010 California Building Code Volume 1, Appendix Chapter 33, is amended to read as follows: The erosion control measures and practices noted in the documents listed below are recommended: (1) Controlling Erosion on Construction Sites: US Department of Agriculture, Soil Conservation Service, Agriculture Information Bulletin 347. (2) Environmental Do’s and Don’ts on Construction Sites; US Department of Agriculture, Soil Conservation Service, Miscellaneous Publication 1291. (3) Urban Stream Restoration Program; California Department of Water Resources, September, 1987. (D) Volume 2, Appendix Chapter 33, Section Grading 109 is added to read as follows: General Plan Policies. All grading shall conform to the “Grading Drainage and Groundcover Policies” in the land use element of the city’s general plan, and the policies and implementation measures in the natural environment element of the city’s general plan. § 5.55 AMENDMENTS TO THE SIGN CODE. The Uniform Sign Code (F) adopted in Article VI of this chapter is amended to add (F) (2) as follows: (2) Commercial temporary signs may remain in place for a period not exceeding 60 days during any 365-day period. Uniform Code for the Abatement of Dangerous Buildings Energy Code California Green Building Code California Administrative Code California Fire Code § 5.20 BUILDING CODE are rescinded in their entirety and replaced with the following: § 5.20 (A) BUILDING CODE (A) (1) The 2010 Edition of the California Building Code, known as the California Building Code of Regulations, Title 24, Part 1 and Part 2, incorporating the International Building Code, 2009 Edition, published by the International Code Council, and the non-building administrative regulations are adopted by reference as the building code of the city, including adopted appendices from certain chapters listed in this section, and except as amended with findings in § 5.1 and in Articles V and VI of this chapter and the California Department of Forestry and Fire Protection. A copy of the code is maintained in the Office of the Building Director/Official for examination and use by the public. Act. (B) (Pool Barriers) California Health and Safety Code §§ 115920 - 115929, also cited as the Swimming Pool Safety (C) None of the appendices printed in Volume #1 and 2 are adopted; (a) Section 3108E MEMBRANE (AIR-SUPPORTED AND AIR-INFLATED) STRUCTURES. (D) None of the appendices printed in Volume III are adopted. (5) The California Building Code, incorporating the Uniform Building Code adopted in this section, may be referred to in the City Code as the “Building Code.” (E) The following California Department of Forestry and Fire Protection Very High Fire Severity Map for the City of Red Bluff, CA is adopted: Tehama County (Red Bluff, CA) as it relates to the 2007 California Building Code, Title 24, Part 1, Volume 1 of 2, Chapter 7A {SFM} MATERIALS AND CONSTRUCTION METHODS FOR EXTERIOR WILDFIRE EXPOSURE. (a) California Department of Forestry and Fire Protection Very High Fire Hazard Severity Zones In LRA § 5.20 (B) CALIFORNIA RESIDENTIAL CODE The 2010 California Residential Code, Title 24, Part 2.5, known as the California Residential Code, is a fully integrated code based on the Building Provisions of the 2009 International Residential Code® (Chapters 2-10). California amendments provide consistency with model code format, state and federal laws and regulations, and unique California conditions with regard to the construction of one- and two- family dwellings and townhouses. This code does not include Energy, Mechanical, Plumbing or Electrical standards, which are found in other parts of Title 24. § 5.20 (C) California Code of Regulations. California Code of Regulations (CCR), Title 24, also known as the California Building Standards Code, is a compilation of three types of building standards from three different origins: (a) Building standards that have been adopted by state agencies without change from building standards contained in national model codes (b) Building standards that have been adopted and adapted from the national model code standards to meet California conditions (c) Building standards, authorized by the California legislature, that constitute extensive additions not covered by the model codes that have been adopted to address particular California concerns Notwithstanding, the national model code standards adopted into Title 24 apply to all occupancies in California except for modifications adopted by state agencies and local governing bodies. § 5.21(A) MECHANICAL CODE IS AMENDED TO READ AS FOLLOWS: (A) The 2010 Edition of the California Mechanical Code, known as the California Code of Regulations, Title 24, Part 4, incorporating the Uniform Mechanical Code, 2009 Edition, published by the International Association of Plumbing and Mechanical Officials (IAPMO), and the non-building administrative regulations are adopted by reference as the Mechanical Code of the city including only appendices chapters listed in this section; and except as amended with findings in § 5.1 and in Articles V and VI of this chapter. A copy of the code is maintained in the Office of the Building Director/Official for examination and use by the public. § 5.22 (A) ELECTRICAL CODE is amended to read as follows: (A) The 2010 Edition of the California Electrical Code, known as the California Electrical Code of Regulations, Title 24, Part 3, known as the California Electrical Code of Regulations, incorporating the National Electrical Code, 2009 Edition, published by the National Fire Protection Association, and the non-building Uniform Administrative Code Provisions for the National Electric Code are adopted by reference as the Electrical Code of the city including only appendices chapters listed in this section, and except as amended with findings in § 5.1 and in Articles V and VI of this chapter. A copy of the code is maintained in the Office of the Building Director/Official for examination and use by the public. § 5.22 (C) of the ELECTRICAL CODE is amended to read as follows: (C) The 2010 California Plumbing Code adopted in this section may be referred to in this code of ordinance as the “Plumbing Code”. § 5.23 (A) of the PLUMBING CODE is amended to read as follows: (A) The 2010 Edition of the California Plumbing Code, known as the California Plumbing Code, Title 24, Part 5, incorporating the Uniform Plumbing Code, 2009 Edition, published by the International Association of Plumbing and Mechanical Officials (IAPMO), and the non-building administrative regulations are adopted by reference as the plumbing code of the city including only appendices chapters listed in this section, and except as amended with findings in § 5.1 and in Articles V and VI of this chapter. A copy of the code is maintained in the Office of the Building Director/Official for examination and use by the public. § 5.23 (C) of the PLUMBING CODE is amended to read as follows: (C) The following California regulation for PEX (Cross-linked Polyethylene) is adopted: 1. On August 16, 2010, the California Building Standards Commission certified the final Environmental Impact Report and approved regulations allowing the use of PEX tubing as a potable water supply. Use of PEX shall comply with those regulations. § 5.26 of the ENERGY CODE is amended to read as follows: The 2010 Edition of the California Energy Code, known as the California Code of Regulations, Title 24, Part 6, incorporating the California Energy Commissions Efficiency Standards, published by the International Code Council, Inc., are adopted by reference as the Energy Code of the city, except as amended in § 5.1 and in Articles V and VI of this chapter. A copy of the code is maintained in the Office of the Building Director/Official for examination and use by the public. The following sections are added to the Article II Code Adoptions: § 5.27 CALIFORNIA GREEN BUILDING The 2010 California Green Building Code Standards, Title 24, Part 11, also known as the CALGreen Code and the California Green Building Standards Code (CGBSC), is California’s first mandatory green building code. It contains regulations for energy efficiency, water efficiency and conservation, material conservation and resource efficiency, environmental quality, and more. It contains mandatory provisions for the following types of new buildings: commercial, low-rise residential, public schools. Appendices include voluntary provisions for all of these occupancies plus hospitals. The residential and non-residential provisions have now been placed in separate chapters for easier use. Tier 1 and 2 and non-mandatory code sections shall not be adopted for the purposes of this section of the Code for the City of Red Bluff. § 5.28 CALIFORNIA ADMINISTRATIVE CODE The 2010 California Administrative Code, Title 24, Part 1, known as the California Administrative Code, contains administrative regulations of the California Building Standards Commission and administrative regulations of all State agencies that implement or enforce building standards. § 5.29 CALIFORNIA FIRE CODE (A) The 2010 California Fire Code, Title 24, Part 9, known as the California Fire Code, contains regulations consistent with nationally recognized accepted practices for safeguarding, to a reasonable degree, life and property from the hazards of Fire and explosion, dangerous conditions arising from the storage. Handling and use of hazardous materials and devices, hazardous conditions in the use or occupancy of buildings or premises. (B) For the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, certain documents entitled, 2010 Edition of the California Fire Code and Standards with Amendments, Appendices”, the “2010 California Building Code Standards with Amendments, Appendices”, and the “2009 International Fire Code with Appendix Chapter 1, and Standards of the International Code Council” are hereby adopted by the City Council as the fire code of the city, and included in and made a part of this code as though set forth at length herein. ARTICLE III: BUILDING CONSERVATION § 5.28 UNIFORM CODE FOR BUILDING CONSERVATION is renumbered to § 5.33. ARTICLE IV: VIOLATION AND INFRACTIONS Sections shall be renumbered as follows: 5.35 5.36 5.37 5.38 5.39 5.40 Compliance Design review guidelines promulgated by the city; failure to comply Sign regulations promulgated by the city; failure to comply General failure to comply Application of penalty Work commenced without required permits or inspections ARTICLE V: FEES is renumbered to § 45 The following sections are added to this section: (G) Section 1404 is amended to read as follows: (1) As used in this section, the term “Temporary Neighborhood Sign” means a temporary sign advertising a garage sale, rummage sale, estate sale, yard sale, a community event such as an organized “walk”, “run”, “jog”, bicycle activity, that is not scheduled by the proponents for a duration exceeding four (4) successive days. Temporary Neighborhood Signs may advertise off-premises events, and may be located on premises only with the specific permission of the owner or occupant of the real property where such signs are placed; provided, however, that a sign advertising or announcing a garage sale, rummage sale, estate sale or yard sale may not be placed in a location that is more than six (6) city blocks, or 2,400 feet from the location of such sale. Temporary Neighborhood Signs may be erected and maintained for a period of not to exceed two days before the scheduled event, and shall be removed within twenty-four (24) hours after the event has concluded. Failure to remove a Temporary Neighborhood Sign as required herein or placement of a Temporary Neighborhood Sign in a location other than as specified herein is a class II Civil Infraction and shall be enforce by the Building Director/Official. § 5.56 AMENDMENTS TO THE Uniform Code for the Abatement of Dangerous Buildings. (1) Title: These amendments shall be known and cited as the Uniform Code for the Abatement of Dangerous Buildings and shall be enforced by the Building Director/Official. (2) Copies on File: A least one certified copy of the Uniform Code for the Abatement of Dangerous Buildings, 1997 edition as adopted, is on file in the office of the Building Director/Official and may be inspected during regular business hours. (3) Purpose: The purpose of this Chapter is to provide a just, equitable, and practical method, to be cumulative with and in addition to, any other remedy provided by the provisions of this Code, or otherwise available at law, whereby buildings or structures which, from any cause, endanger the life, limb, health, morals, property, safety, or welfare of the general public or their occupants, may be required to be repaired, vacated, or demolished. (4) Scope: The purpose of the Code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of the Code. (5) Amendments to the Uniform Code for the Abatement of Dangerous Buildings, 1997 edition. The Uniform Code for the Abatement of Dangerous Buildings are amended as follows; section numbers refer to section numbers of the Uniform Code for the Abatement of Dangerous Buildings: (a) Section 103: “All buildings or structures which are required to be repaired under the provisions of this Code shall be subject to the provisions of Section 34 of the 2010 California Building Code.” (b) Section 301: “Board of Appeals means the same as Board of Adjustment as used in this Code and the two phrases shall be used interchangeably.” (c) Section 302, Items No. 15 and 16: “15. Whenever any building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, contamination, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the Building Director/Official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.” “16. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, vacant and unsecured, or other cause, is determined by the Building Director/Official to be a fire hazard.” (d) 401.1 Commencement of Proceedings. “When the Building Director/Official has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, the Building Director/Official shall commence proceedings to abate by the repair, rehabilitation, remediation, demolition and/or vacation of the building.” (e) Subsections 401.2 (3.1), (3.3), (4), and (5): “3.1 If the Building Director/Official has determined that the building or structure must be repaired, rehabilitated or remediated, the order shall require that any required permits be secured therefore and the work physically commenced within such time (not to exceed 30 days from the date of the order) and completed within such time as the Building Director/Official shall determine is reasonable under all of the circumstances.” “3.3 If the Building Director/Official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the shall determine is reasonable (not to exceed 30 days from the date of the order); that all required permits be secured therefore within 15 days from the date of the order; and that the demolition be completed within such time as the Building Director/Official shall determine is reasonable. “4. Statements advising that if any required repair, rehabilitation, remediation, or demolition work (without vacation also being required) is not commenced within the time specified, the Building Director/Official (I) will order the building vacated and posted to prevent further occupancy until the work is completed, and (II) may proceed to cause the work to be done and charge the costs thereof against the property or its owner.” “5. Statements advising (I) that any person having any record title or legal interest in the building may appeal from the notice and order or any action of the Building Director/Official to the Board of Appeals, provided the appeal is made in writing as provided in this Code and filed with the within 15 days from the date of service of such notice and order; and (II) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.” (f) 401.4 Method of Service. “Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at their address as it appears on the last equalized assessment roll of the county or as known to the Building Director/Official. If no address of any such person so appears or is known to the Building Director/Official, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing, for all persons entitled thereto, and the date the property is posted for all action against the property.” (g) Subsection 403(1) Shall Read As Follows: “The following standards shall be followed by the Building Director/Official (and by the Board of Appeals if an appeal is taken) in ordering the repair, rehabilitation, remediation, vacation or demolition of any dangerous building or structure: 1. Any building declared a dangerous building under this Code shall be made to comply with one of the following: 1.1 The building shall be repaired, rehabilitated or remediated in accordance with the current building code, health code, resolution or standards, or other current code applicable to the type of substandard conditions requiring repair; or 1.2 The building shall be demolished at the option of the building owner; or 1.3 If the building does not constitute an immediate danger to the life, limb, property or safety of the public it may be vacated, secured and maintained against entry.” (h) “701.1 General. After any notice and order of the Building Director/Official becomes effective or the Board of Appeals made pursuant to this Code shall have become final, it shall be unlawful for any such person to whom any such notice and order is directed to fail, neglect or refuse to obey any such notice and order. 1. Any such person who fails to comply with any such order is guilty of a municipal ordinance offense. 2. Each day that the property remains in violation of the notice and order and the person to whom such notice and order is directed fails to obey such notice and order shall constitute a separate and distinct non-compliant fee of $75.00 per each violation per each new 24 hour period and incurred administrative cost. 3. Any person who pleads guilty or no contest to or who, after trial, is found guilty of violating this Section 701.1 shall be penalized to the fullest extent of the law.” (i) “Subsection 701.2 “Failure to Obey Order: If, after any order of the Building Director/Official becomes effective or Board of Appeals made pursuant to this Code has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the Building Director/Official may (I) cause such person to be prosecuted under section 701.1 or (II) institute any appropriate action to abate such building as a public nuisance.” (j) Subsection 701.3(3): “3. The Building Director/Official may, in addition to any other remedy herein provided, cause the building to be repaired, rehabilitated, and/or remediated to the extent necessary to correct the conditions which render the building dangerous as set forth in the notice and order; or, if the notice and order required demolition, to cause the building to be sold and demolished or demolished and the materials, rubble and debris there from removed and the lot cleaned. Any such repair, rehabilitation, remediation, or demolition work shall be accomplished and the cost thereof including all administrative costs of the City paid and recovered in the manner hereinafter provided in this Code. Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of cleaning the lot, shall be paid over to the person or persons lawfully entitled thereto.” (k) Sections 801.1 and 801.2 and Section 801.3: 801.1 Procedure. When any work, construction, rehabilitation, remediation, repair or demolition is to be done pursuant to section 701.3, item 3, of this Code, the work shall be accomplished by private contract upon the direction of the Building Director/Official. Plans and specifications therefore may be prepared by the contractor, or the Building Director/Official may employ such architectural and engineering assistance on a contract basis as deemed reasonably necessary. If any part of the work is to be accomplished by private contract, standard contractual procedures shall be followed to choose the contractor. If the work to be performed is related to remediation or rehabilitation of contaminated property, cleanup shall meet the City of Red Bluff C&D Ordinance, State of California Health and Safety Codes, and Federal Standards and Regulations. CONTINUED ON NEXT PAGE The failure of any such person to receive such notice shall not affect the validity of any proceedings taken